By:  Talton (Senate Sponsor - Madla)                              H.B. No. 877
	(In the Senate - Received from the House May 2, 2005; 
May 3, 2005, read first time and referred to Committee on Health 
and Human Services; May 16, 2005, reported favorably by the 
following vote:  Yeas 6, Nays 0; May 16, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to certain complaints and information with respect to 
certain child-care facilities and family homes and to procedures 
for certain disciplinary actions against certain child-care 
facilities; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 42.042(c), Human Resources Code, is 
amended to read as follows:
	(c)  The department shall provide a standard procedure for 
receiving and recording complaints.  The executive commissioner 
shall adopt rules regarding the receipt of anonymous complaints 
made regarding child-care facilities and family homes to limit the 
number of anonymous complaints investigated by the department.
	SECTION 2.  Subchapter C, Chapter 42, Human Resources Code, 
is amended by adding Sections 42.0446 and 42.0447 to read as 
follows:
	Sec. 42.0446.  REMOVAL OF CERTAIN INVESTIGATION INFORMATION 
FROM INTERNET WEBSITE.  The executive commissioner shall adopt 
rules providing a procedure by which the department removes from 
the department's Internet website information with respect to a 
child-care facility or registered family home that relates to an 
anonymous complaint alleging that the facility or family home 
failed to comply with the department's minimum standards if, at the 
conclusion of an investigation, the department determines that the 
complaint is false or lacks factual foundation.
	Sec. 42.0447.  FALSE REPORT;  CRIMINAL PENALTY.  (a)  A 
person commits an offense if the person knowingly or intentionally 
files a complaint alleging that a child-care facility or registered 
family home failed to comply with the department's minimum 
standards and the person knows the allegation is false or lacks 
factual foundation.
	(b)  An offense under this section is a Class A misdemeanor 
unless it is shown on the trial of the offense that the person has 
previously been convicted under this section, in which case the 
offense is a state jail felony.
	SECTION 3.  Section 42.072(b), Human Resources Code, is 
amended to read as follows:
	(b)  If the department proposes to take an action under 
Subsection (a), the person is entitled to a hearing conducted by the 
State Office of Administrative Hearings.  Proceedings for a 
disciplinary action are governed by the administrative procedure 
law, Chapter 2001, Government Code.  An action under this section, 
including a revocation of a person's license, is a contested case as 
defined by Chapter 2001, Government Code, and is subject to 
judicial review under the substantial evidence rule in accordance 
with that chapter.  Rules of practice adopted by the board under 
Section 2001.004, Government Code, applicable to the proceedings 
for a disciplinary action may not conflict with rules adopted by the 
State Office of Administrative Hearings.
	SECTION 4.  Section 42.0446, Human Resources Code, as added 
by this Act, applies to a complaint under Chapter 42, Human 
Resources Code, with respect to a child-care facility or registered 
family home that is pending on or filed on or after the effective 
date of this Act.
	SECTION 5.  This Act takes effect September 1, 2005.                           



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